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KEA v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO.

No. 06-1320.

488 F.3d 606 (2007)

James KEA, Petitioner, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Gregory Edward Camden, Montagna, Klein, Camden, L.L.P., Norfolk, Virginia, for Petitioner. Richard Anthony Seid, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents. ON BRIEF: Jonathan H. Walker, Mason, Mason, Walker & Hedrick, P.C., Newport News, Virginia, for Respondent Newport News Shipbuilding and Dry Dock Company. Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Mark A. Reinhalter, for Longshore, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Federal Respondent.

Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges.

Petition for review granted; vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILLIAMS and Judge SHEDD joined.

OPINION

TRAXLER, Circuit Judge:

James Kea petitions for review of the Decision and Order of the Benefits Review Board (the "Board") denying his request for modification of his award of compensation pursuant to § 922 of the Longshore and Harbor Workers' Compensation Act

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